Young v. Lane, 85 C 20019

• Decision Date: 26 March 1990
• Docket Number: No. 85 C 20019,85 C 20022 to 85 C 20024 and 86 C 20398.,85 C 20020,85 C 20019
• Citation: 733 F. Supp. 1205
• Parties: John Wesley YOUNG III, et al., Plaintiffs, v. Michael P. LANE, Director, Department of Corrections, State of Illinois, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

733 F. Supp. 1205

John Wesley YOUNG III, et al., Plaintiffs, v. Michael P. LANE, Director, Department of Corrections, State of Illinois, et al., Defendants.

Nos. 85 C 20019, 85 C 20020, 85 C 20022 to 85 C 20024 and 86 C 20398.

United States District Court, N.D. Illinois, W.D.

March 26, 1990.

Mary Gorman and Karl Winkler, Rockford, Ill., for plaintiffs.

William Frazier, Asst. Atty. Gen., Chicago, Ill., for defendants.

ORDER

ROSZKOWSKI, District Judge.

BACKGROUND

Several plaintiffs filed complaints in the United States District Court for the Northern District of Illinois alleging deprivations of their constitutional rights in regard to religious freedom. Suit was brought under 42 U.S.C. § 1983 seeking injunctive/declaratory relief and damages. Jurisdiction of this court is based upon 28 U.S.C. § 1343. The complaints were consolidated for trial. Defendants moved for summary judgment on May 2, 1988. This motion was taken with the proofs at trial. Trial was held on May 12, 13 and 19, 1988. The following findings of fact and conclusions of law are a result of that trial.

FINDINGS OF FACT

Plaintiffs consist of a group of prisoners incarcerated at the Dixon Correctional Center in Dixon, Illinois. Dixon Correctional Center is a part of the Department of Corrections of the State of Illinois and is a medium security prison. Defendants consist of Mr. Michael P. Lane, Director of the Department of Corrections of the State of Illinois; Mr. Leo L. Meyers, Assistant Director of the Adult Division of the Department of Corrections; Mr. Richard B. Gramley,¹ Warden at Dixon Correctional Center; Mr. Larry E. Sachs, Assistant Warden for Programs at Dixon Correctional Center; and Mr. William D. O'Sullivan,² Assistant Warden of Operations at Dixon Correctional Center.

Plaintiffs are Jewish inmates who desire to practice their religion during their period of incarceration at Dixon Correctional Center. Approximately 20,000 persons are incarcerated within the Illinois Department of Corrections statewide. Of these persons, approximately 110 are of the Jewish faith. At the time of trial, Dixon Correctional Center housed 890 inmates. Seven of these were Jewish.

Several requirements exist in relation to the practice of Judaism. The necessary garments include: a tzitzes, which is a fringed garment that is worn all day and may be worn underneath a shirt so that only the fringes are visible; a yarmulke, which is a skull cap that is also worn at all times; a tephillin, which is best described as an arm "wrap" that is worn during morning prayers; and a talus, which is a prayer shawl that is also worn during morning prayers. Daily prayer, for the Jew, occurs three times a day: once in the morning, once in the afternoon and then once again after sundown. During prayer, prayer books are used. The Jewish Bible is used for study as are the Torah and the Talmud containing language, philosophy and Jewish law.

Numerous Jewish holidays exist throughout the year. On these holidays, Jewish law requires the Jew to do no work. The holidays (and the dates on which they occurred in 1988) are: Pesach or Passover (April 2-9);³ Shavuot (May 21 and 22); Rosh Hashana (September 12 and 13); Yom Kippur (September 21); Succot (September 26-October 2);⁴ and Simhat Torrah (October 3 and 4). Three "post-Biblical" holidays are also observed: Purim (one month before Passover); Hanukkah (December 4); and Tisha B'av.⁵ Finally, Jews are not allowed by Jewish law to work on their Sabbath.

Religious articles are used on the various Jewish holidays. A ram's horn is used on Rosh Hashana. Special holiday prayer books are required. Candles are used on holidays and on every Sabbath, staying lit until the Sabbath is over. The Sabbath also requires a cup of wine or grape juice and challus rolls. Passover calls for a "festive" meal and unleavened bread.

A Jew also has special dietary requirements. Persons of the Jewish faith may eat anything that grows out of the earth. They may also eat fish having scales and fins. Jews may not, however, eat meat from an animal with a cloven hoof or an animal that chews its cud. Dairy products and meat may not be eaten at the same meal. All food must be prepared using kosher implements and a kosher stove. The food must also be served in a kosher manner. This means that the kosher food must not be exposed to non-kosher items.

The Illinois Department of Corrections has not published any specific statewide policies instructing the various Illinois Correctional Centers on how to deal with Jewish inmates who desire to practice their religion. As such, Dixon Correctional Center officials have been inconsistent and slow in responding to Jewish inmates' requests for diet, garments, articles and services in line with their Jewish faith. Prior to June 1987, Jewish inmates at Dixon Correctional Center were permitted to wear yarmulkes all day long. At present, however, inmates are allowed to wear yarmulkes only in their cells and during religious services.

Dixon Correctional Center does provide prayer books for inmates' use. The books are kept in the chaplain's office, not in the Jewish prisoner's cell. As such, an inmate must ask the chaplain or a guard to obtain a prayer book for him every time the inmate desires to pray.

No rules exist regarding the provision of religious services to Jewish inmates. A general rule, promulgated by the Illinois Department of Corrections, does require a Correctional Center to provide religious services. Dixon Correctional Center is serviced by volunteer rabbis who provide religious services for Jewish inmates on some holidays and on some Sabbaths. Over a three and one-half year period, volunteer rabbis visited Dixon Correctional Center approximately forty-three times. When a rabbi is not present, Dixon Correctional Center allows inmates to gather for prayer and/or services only when a staff supervisor is present.

Beginning in December of 1985, a kosher diet was available at Dixon Correctional Center. Some breaks in the availability of kosher meals did occur during this time due to depletion of supplies and delays in receiving new deliveries of kosher meals. Special Passover meals also were served to Jewish inmates.

CONCLUSIONS OF LAW

Imprisonment deprives prisoners of many rights. Courts do recognize, however, that prison inmates retain limited constitutional rights including the First Amendment's guarantee of free exercise of religion. The right is limited in that a prisoner's religious exercises may be regulated by prison authorities. The regulation, in turn, is valid as long as it is "reasonably related to legitimate penological interests." Turner v. Safely, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987); Reed v. Faulkner, 842 F.2d 960, 962 (7th Cir. 1988). Prison officials may not arbitrarily place obstacles in the way of inmates who seek to participate in their religion's tenets. Johnson-Bey v. Lane, 863 F.2d 1308, 1311 (7th Cir.1988). Accordingly, a prisoner's right to exercise his religion under the First Amendment must be balanced against the legitimate goals of the penal institute. Hadi v. Horn, 830 F.2d 779, 783 (7th Cir. 1987).

The Supreme Court has set forth factors to be used in applying the reasonableness standard when reviewing prisoners' constitutional claims. The factors are:

1. whether a valid, rational connection exists between the regulation and a legitimate government interest behind the rule;

2. whether there are alternative means of exercising the right in question that remain available to prisoners;

3. the impact accommodation of the asserted constitutional right would have on guards and other inmates and on the allocation of prison resources; and

4. although the regulation need not satisfy a least restrictive alternative test, the existence of obvious, easy alternatives may be evidence that the regulation is not reasonable.

Turner v. Safely, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987).

Defendants argue that Plaintiffs in this case are insincere in their quest for religious freedom. Rather, Plaintiffs are bringing suit merely to gain financially in regard to damages. Defendants cite instances where some Plaintiffs were seen eating non-kosher food when kosher food was available. The Seventh Circuit has recognized, however, that a person need not steadfastly adhere to every tenet of his religious faith in order to be found to be sincere in his beliefs. In Reed v. Faulkner, 842 F.2d 960 (1988), the Seventh Circuit found that some religions place unrealistic demands on their adherents. The court held that "it would be bizarre for prisons to undertake in effect to promote strict orthodoxy, by forfeiting the religious rights of any inmate observed backsliding, thus placing guards and fellow inmates in the role of religious police." 842 F.2d at 963. The fact that some Plaintiffs, in this case, were observed eating non-kosher food is not conclusive evidence of insincerity. The court finds, rather, Plaintiffs' beliefs and Plaintiffs' desires to exercise their beliefs are sincerely held. The key issue, therefore, is whether Defendants unreasonably restrained Plaintiffs in practicing Judaism.

Plaintiffs desire to wear their yarmulkes all day, both inside and outside their cell. Defendants, however, only allow yarmulkes to be worn inside the cell and during religious services. Defendants state that this policy is rationally related to security concerns in preventing contraband from being hidden under the yarmulkes and in preventing gang warfare. Defendants argue that because yarmulkes are available in different colors, Plaintiffs may use the skull caps to show their affiliation to various gangs.

Applying the Supreme Court's factors to the wearing of yarmulkes, the court concludes that Defendants' policy does deprive Plaintiffs of their free exercise rights. The court does not see where a valid, rational connection exists between the policy regarding yarmulkes and the prison's...